Page:United States Statutes at Large Volume 92 Part 1.djvu/1198

 92 STAT. 1144

Petition,

PUBLIC LAW 95-454—OCT. 13, 1978

section 16(b) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 216(b)), as applicable. Notwithstanding' any other provision of law, any such case filed under any such section must be filed within 30 days after the date the individual filing the case received notice of the judicially reviewable action under such section 7702. "(c) In any case filed in the United States Court of Claims or a United States court of appeals, the court shall review the record and hold unlawful and set aside any agency action, findings, or conclusions found to be— "(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; "(2) obtained without procedures required by law, rule, or regulation having been followed; or "(3) unsupported by substantial evidence; except that in the ca,se of discrimination brought under any section referred to in subsection (b)(2) of this section, the employee or applicant shall have the right to have the facts subject to trial de novo by the reviewing court. "(d) The Director of the Office of Personnel Management may obtain review of any final order or decision of the Board by filing a petition for judicial revieyr in the United States Court of Appeals for the District of Columbia if the Director determines, in his discretion, that the Board erred in interpreting a civil service law, rule, or regulation affecting personnel management and that the Board's decision will have a substantial impact on a civil service law, rule, regulation, or policy directive. If the Director did not intervene in a matter before the Board, the Director may not petition for review of a Board decision under this section unless the Director first petitions the Board for a reconsideration of its decision, and such petition is denied. In addition to the named respondent, the Board and all other parties to the proceedings before the Board shall have the right to appear in the proceeding before the Court of Appeals. The granting of the petition for judicial review shall be at the discretion of the Court of Appeals.". TECHNICAL AND CONFORMING

Ante, p. 1143.

AMENDMENTS

SEC. 206. Section 2342 of title 28, United States Code, is amended— (1) by striking out "and" at the end of paragraph (4), (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof "; and", and (3) by adding at the end thereof the following new paragraph: "(6) all final orders of the Merit Systems Protection Board except as provided for in section 7703(b) of title 5.". TITLE III—STAFFING VOLUNTEER SERVICE

5 USC 3111. "Student."

SEC. 301. (a) Chapter 31 of title 5, United States Code, is amended by adding at the end thereof the following new section: "§ 3111. Acceptance of volunteer service "(a) For the purpose of this section, 'student' means an individual who is enrolled, not less than half-time, in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. An individual who is a student is deemed not to have ceased to be a student during an interim

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